'The judge, faced with just and persuasive arguments, had no choice but to rule against the admission of the illegally obtained evidence.'
Mini-trial: Judge disallows items as evidence
Lover Boy: The whole objective of the prosecution was to link the DNA extracted from the three or four items, including the bulu (hair), to ‘Male Y', whose DNA was supposedly found on Mohd Saiful Bukhari Azlan's anus and pants. This is to prove that Male Y is Opposition Leader Anwar Ibrahim and that his DNA was found on Saiful's butt and pants.
If the team of prosecutors hope to use this to secure a conviction in Sodomy II, then they can join their esteem lawyer-colleagues in the MACC (Malaysian Anti-Corruption Commission). Is Anwar discredited? As far as I am concerned, it has not even scratched his reputation.
Anonymous_3f35: The judge, faced with just and persuasive arguments, had no choice but to rule against the admission of the illegally obtained evidence. In other words, he had to be seen as doing the right thing but let's see how he behaves as the trial goes on and we will know whether he is just another dishonest cog in Umno's wheel.
Sunshine: Based on the testimonies of the forensic head and the chemist, the world now knows whose semen it was in Saiful's anus. The fact that the evidence provided by the three items has been ruled inadmissible does not erase that knowledge. This is a technical victory for the defendant which may or may not lead to his acquittal.
If it is proved to be the former, then an interesting contrast with Sodomy I will come into being: Sodomy I, Anwar convicted, but innocent in public opinion. Sodomy II, Anwar acquitted but guilty in public opinion (more so, if he refuses to voluntarily give a DNA sample).
The latter's a crueller fate for him, and it may well turn out to be so.
Anonymous_3e2c: All Anwar has to do is to submit to a DNA test and show that the sperm is not his. Why would someone not want to show this if it could prove his innocence? To say that it could be tampered with is baseless.
Have two or three independent tests. That will show who is telling the truth. There will always be a presumption of guilt if he does not submit to a DNA test.
JBGUY: To those who believe Anwar having sodomised Saiful by virtue of DNA evidence in his anus, how sure are you that the DNA samples obtained from Anwar previously was not implanted into Saiful's rear cavity.
The fact that the first doctor who examined Saiful had categorically stated no sign of anal penetration and that it was a direct meeting with the DPM Najib Razak no less which started the whole trial rolling is cause for concern.
Anyway, this whole trial is a sham and is being used to avoid discussions on more serious issues afflicting the nation.
The abhorrent wastage of taxpayers money on such a frivolous case is frustrating to the ordinary rakyat who are suffering due to the rise in prices whilst salaries are stagnating. Endemic corruption and a host of other issues demand immediate action. Shame on the government.
Pemerhati: When Dr Mahathir Mohamad jailed Anwar on trumped-up sodomy charges, he thought he would not only remove a threat to his hold on power but also disgrace him at the same time.
But the election results showed that Malays saw through his disgusting strategy and consequently shifted their support to the opposition. So it was surprising to see that Abdullah Ahmad Badawi and Najib Abdul Razak used the ‘same sodomy strategy' by charging Anwar again on clearly trumped-up charges. They probably had not learnt their lessons from Sodomy I.
But after Najib became PM, he hired some very expensive consultants like the RM77-million Apco Worldwide who may have told him that if he put Anwar in jail, he would lose a lot of Malay and Chinese votes to the opposition and lose the next elections.
Compass: With this latest ruling, it will be the right thing to do for the attorney-general to exercise his discretion and withdraw the charges against Anwar and hence stop this divisive trial. It is within the AG's absolute power to do so under the Federal Constitution and no one, not even the court, can question his decision.
Anwar wins critical ruling in sodomy trial
Concerned Citizen 1e05: As a third party observer, I remember many here and in Pakatan Rakyat proper claiming and shouting the courts are unfair, biased, BN lapdogs and so on, whenever Anwar has a ruling against him, whether it is legally right or wrong.
Now I hear people saying judge is good, courts are fair and so on. I do not want to point fingers, but do think for yourselves.
Pakman: The judge has taken the same action as in the previous Sodomy I where the evidence to use the DNA splashed on mattress were considered irrelevant by the judge, but the ending of this ongoing trial is yet to be concluded.
We pray that judge Mohamad Zabidin Mohd Diah will continue to show that justice is not only seen but done. May Allah show you the right path.
Quigonbond: The PM must be quite comfortable with the two by-election wins that Anwar is no longer a threat at the next general elections and he can demonstrate that the judiciary is independent. Otherwise, this is not over yet.
The judge has a discretion whether to admit the evidence improperly obtained, unlike in US where it is strictly inadmissible. The appellate court may simply rule that he has exercised his discretion badly and reinstate those evidence on appeal without a chance for the defence to cross examine further.
Isana: Anwar is not out of the woods yet and I believe the judge has no choice but to make this ruling. This is still a political trial to end Anwar's political life and let's not be under any illusion that Umno/BN under Najib and his wife Rosmah Mansor will free Anwar, who is the biggest threat to their rule and riches.
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